Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Investigating the status of nationalization and confiscation of property in Iranian law

Document Type : Review Article

Author
Bachelor of Law, Faculty of Humanities, Payame Noor University, Yasouj Branch. (Corresponding Author)
Abstract
Due to the prevalence of some special acts and violations in society, the legislator has used the executive guarantee as nationalization and confiscation of property to punish and punish the relevant persons. Since the main purpose of these acts is to make more profit, it is very useful to anticipate financial penalties, especially nationalization and confiscation of property along with other penalties; Of course, the legislator has not been unaware of this. There are different types of property confiscation in Iranian law. Permanent and temporary and general and special confiscation constitute different types of confiscation. In Iranian law, what is called permanent confiscation of property is essentially confiscation of property. A review of some of the governing laws in this regard will be considered in this article. Also, examining the status of confiscated and confiscated property after confiscation and confiscation is one of the points that have been considered in this article. This research, which has been done by descriptive-analytical method, shows that man has the right of ownership over his property, property and assets, and the religion of Islam has emphasized it, but this does not mean his absolute ownership, but according to the conditions and In the public interest, this right is sometimes revoked or restricted.
Keywords

1- Abazari Fumshi, Mansour, (2013), Law on the Execution of Civil Sentences in the Criminal Law System, Tehran, Khorsandi Publications.
2- Ahmadi, Bahram, (1385), abuse of rights, Tehran, Information Publishing.
3- Adabi, Ali, (2014), Seizure and confiscation of property in crimes related to smuggling from the perspective of the country's laws, Tehran, Aghah Publishing.
4- Ardabili, Mohammad Ali, (2015), General Criminal Law, Volume 2, Tehran, Mizan Publishing.
5- Bakhtar, Seyyed Ahmad, Raisi, Masoud, (2016), the requirements of civil law enforcement, Tehran, third edition.
6- Bahrami, Bahram, (1383), Implementation of Civil Laws, third edition, Tehran, published by Negah Bineh Cultural Publishing Institute.
7- Jafari Dolatabadi, Abbas, (2014), confiscation of property and its conditions in criminal security orders, Judicial Monthly, No. 52.
8- Hosseini, Seyyed Mohammad Reza, (2015), Law on the Execution of Civil Judgments in Judicial Procedure, 2nd edition, Tehran, Negah Bineh Publishing Cultural Institute.
9- Delir, Hamid, (2016), the rights of third parties in the process of property confiscation in Iranian and English law, Legal Research Journal, second volume, number 1.
10- Zarem, Abbas, (2012), Brief Description of Islamic Penal Code, Tehran, Qaqnoos Publishing.
11- Seyed Jalili, Seyed Morteza, (2016), Nationalization of property from the perspective of Iranian private law and international law, thesis, Islamic Azad University, Quds branch.
12- Shokri, Reza, Qadir, Siros, (2009), Islamic Penal Code in the Current Legal System, 8th edition, Tehran, Tefnegar Publications.
13- Ameri, Afaq, (2016), confiscation of property caused by drug crimes and challenges and solutions, thesis, Tehran, Tarbiat Modares University.
14- Askari, Ghazaleh, (2016), examining the conditions, rulings and effects of confiscation and confiscation of property from the perspective of criminal laws and criminology, Shiraz, World Conference on Psychology and Educational Sciences, Law and Social Sciences at the beginning of the third millennium.
15- Ghasemi, Ali, (2008), confiscation of property of foreigners in international law, Legal Perspectives Quarterly, No. 27.
16- Katouzian, Nasser, (2012), Civil rights of property and ownership, 7th edition, Tehran, Mizan publishing house.
17- Kamiyar, Gholamreza, (2016), property administrative rights, expropriation due to public interest, first edition, Tehran, Majd Publications.
18- Mohammadi, Hamid, (2016), review of articles 10 of the Islamic Penal Code and Criminal Procedure Code, Thesis, Islamic Azad University, Central Tehran Branch.
19- Mehdizadeh, Shahla, (2016), The nature and effects of confiscation of aliens' property from the perspective of private law, Tehran, Aghah publication.
20- Nemati, Mojtabi, (2016), confiscation of property resulting from crime in Iran's criminal law, thesis, Islamic Azad University, Shahrood branch.
21- Special, Mohammadreza, (2009), Constitutional Protection Authorities and Property Protection, a comparative view on the performance of Iranian and French Constitutional Protection Authorities, Law and Policy Research Quarterly, No. 29.

  • Receive Date 18 March 2021
  • Revise Date 29 March 2021
  • Accept Date 04 April 2021